Terms and Conditions to use the ELLUMIN8 Mobile Application

1 Acceptance, enforceability and variation

1.1 This document sets out the terms and conditions ("Terms") of RANT EDU (Pty) Ltd ("the Service Provider") pertaining to the access and use of the information, products, services and functions provided on the ELLUMIN8 mobile application ("the Application").
1.2 Should any person that accesses the Application you ("you" or "user") disagree with any of the Terms, you must refrain from accessing the Application and/or using our services.
1.3 If you are under the age of 18, you must obtain your parents' or legal guardians' advance authorisation, permission and consent to be bound by these Terms before purchasing any products or services.
1.4 TheService Provider reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Application. Each time a user accesses the Application and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by the Service Provider from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Application.
1.5 We will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.
1.6 If there is anything in these Terms that you do not understand then please contact us as soon as possible -see clause 12 below for our contact details. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.

2 Content of the Application

2.1 TheService Provider reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Application and any books, articles, journals or content on the Application.
2.2 TheService Provider reserves the right to change and amend the products, prices and rates quoted on this Application from time to time without notice.
2.3 TheService Provider may use the services of third parties to provide books, articles and journals on the Application. The Service Provider has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided "as is" and that the Service Provider and its partners shall not be liable for any losses or damages that may arise from the user's reliance on it, howsoever these may arise.
2.4 TheService Provider makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Application, including without limitation:
2.4.1 TheService Provider does not warrant that the Application, books, articles, journals or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. TheService Provider expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fit-ness for a particular purpose, non-infringement, compatibility, security and accuracy;
2.4.2 While the Service Provider has taken the reasonable measures to ensure the integrity of the Application and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Application are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user's system; and
2.4.3 TheService Provider disclaims any responsibility for the verification of any claims. Information published on this Application may be done so in the format in which theService Provider receives it and statements from external parties are accepted as fact.

3 Linked third party terms

3.1 TheService Provider may provide links to third party applications on the Application. These links are provided to the user for convenience purposes only and Service Provider does not endorse, nor does the inclusion of any link imply theService Provider's endorsement of, such applications, their owners, licensees or administrators or such applications' content or security practices and operations.
3.2 While theService Provider tries to provide links only to reputable applications or online partners, theService Provider cannot accept responsibility or liability for the information provided on other applications. Linked applications or pages are not under, nor subject to, the control of theService Provider. TheService Provider is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised services on the Application.
3.3 You agree that theService Provider and the Applications store owner shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked application or any link(s) contained in a linked application, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked applications on the Application. Any dealings that you may have with any linked applications, including advertisers, found on the Application, are solely between you and the third party application.

4 Usage restrictions and Scope of License

The user hereby agrees that it shall not itself, nor through a third party:
4.1 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Application for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
4.2 decompile, disassemble or reverse engineer any portion of the Application;
4.3 write and/or develop any derivative of the Application or any other software program based on the Application;
4.4 modify or enhance the Application. In the event of a user effecting any modifications or enhancements to the Application in breach of this clause, such modifications and enhancements shall be the property of the Service Provider;
4.5 without the Service Provider's prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Application by persons other than the user;
4.6 remove any identification, trademark, copyright or other notices from the Application;
4.7 post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Application, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, ob-scene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
4.8 distribute or make the Application available over a network where it could be used by multiple devices at the samr time;
4.9 notwithstanding anything contained to the contrary in these Terms, use the Application for any purpose other than personal, non-commercial and information purposes.

5 Security

5.1 In order to ensure the security and reliable operation of the services to all the Service Provider's users, the Service Provider hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
5.2 You may not utilise the Application in any manner which may compromise the security of the Service Provider's networks or tamper with the Application in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Application, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Application, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should the Service Provider suffer any damage or loss, civil damages shall be claimed by the Service Provider against the user.
5.3 Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Service Provider and its affiliates, agents and/or partners.
5.4 You may not share your access details with any third person, passwords must meet the requisite level of complexity and you should log out after use of the Application on your device.
5.5 Any activity from a user’s account after that user’s access details have been entered will be presumed to be from the user.

6 Sale Transactions

6.1 Payments for products and services in the Application are processed by an independent cash collection third party, namely PayFast (Pty) Ltd. (
6.2 The Service Provider does not record banking details from any of its users or keep them in its servers and shall not be held responsible for any loss or damages associated with the handling of user’s banking details.
6.3 All sale transactions conducted within the Application are subject to the provisions of the Consumer Protection Act 68 of 2008 (“the CPA”).
6.4 The user is entitled to a cooling off period of 30 minutes after purchasing any product from the Application. According to the aforesaid cooling off period the user may return any product in exchange of credits that shall only be used to purchase any other products within the Application. The return of products shall be effected within the Application by means of a button which shall only be available for 30 minutes after a purchase is made.
6.5 Where there is a patent error in the Application resulting in the user downloading an incorrect product, the user may inform the administrators of the Application by addressing an e-mail to info@ellumi8.co.za within seven (7) days of downloading the product. An investigation shall be conducted by the Service Provider and if successful the user may be rewarded with credits to purchase to correct item.
6.6 There shall be no other means of returning products purchased in the Application apart from the mechanism set out in clauses 6.4 to 6.5 above.

7 Intellectual property rights

7.1 For the purpose of this clause, the following words shall have the following meanings ascribed to them:
7.1.1 "Intellectual property rights" means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by the Service Provider, now or in the future, including without limitation, the Service Provider's rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
7.2 All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Application ("proprietary material"), are the property of, or are licensed to, the Service Provider and as such are protected from infringement by local and international legislation and treaties.
7.3 By submitting reviews, comments and/or any other content (other than your personal information) to the Service Provider for posting on the Application, you automatically grant the Service Provider and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
7.4 All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Application is granted to you.
7.5 Except with the Service Provider's express written permission, no proprietary material from this Application may be copied or retransmitted.
7.6 Irrespective of the existence of copyright, the user acknowledges that the Service Provider is the proprietor of all material on the Application (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
7.7 TheService Provider authorises you only to view, copy, temporarily download to a local drive and to print the content of this Application, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.

8 Maintenance, support and network availability

8.1 The user's use of this application and the information contained on the application is entirely at the user's own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
8.2 The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall the service provider be liable for any loss, harm, or damage suffered by the user as a result thereof. The Service provider reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should service provider deem it necessary.
8.3 To the extent permissible by law:
8.3.1 Neither the service provider, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the application or any functionality thereof, or the information contained on the application, or of any linked application, even if the service provider knows or should reasonably have known or is expressly advised thereof.
8.3.2 The liability of the service provider for faulty execution of the application as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the application shall be limited to the service provider rectifying the malfunction, within a reasonable time and free of charge, provided that service provider is notified immediately of the damage or faulty execution of the application. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the application without the prior written approval of the service provider. However in no event shall the service provider be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the application or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
8.3.3 You hereby unconditionally and irrevocably indemnify the service provider and agree to hold the service provider free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by the service provider or instituted against service provider as a direct or indirect result of: your use of the application; software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of the service provider; your failure to comply with any of the terms or any other requirements which the service provider may impose from time to time; the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or any unavailability of, or interruption in, the service which is beyond the control of the service provider.
8.4 TheService provider makes no warranty or representation as to the availability, accuracy or completeness of the content of the application. You expressly waive and renounce all your rights of whatever nature that you may have against the service provider for any LOSS suffered by you, as a result of information supplied by the service provider being incorrect, incomplete or inaccurate.

9 Service provider privacy and cookie policy

9.1 This clause 9 provides details about our Privacy and Cookie Policy, which Policy forms part of these Terms. TheService Provider takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with this Privacy and Cookie Policy.
9.2 Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don't mean general, statistical, aggregated or anonymised information.
9.3 Your use of our services signifies your consent to us collecting and using your personal information as specified below.
9.4 How we collect information about you
Your information may be collected when you download the Application, during registration and while you are using the Application.
9.5 How we use your information

Your information may be used for the following way (the list of which is not exhaustive); we may use information to confirm that orders have been received; to validate your identity when using the Application, to detect criminal activity, fraud and misuse of or damage to the Application or networks; to prosecute those responsible and to contact customers and invite them to form part of a consumer panel or various research groups.
9.6 How long do we keep your information for?

Unless there is a specific legal requirement requiring us to keep your information, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed. The time periods for which we keep your information may vary according to the use or purpose attached to the information.
9.7 Disclosing your information to third parties

Unless required by law to do so, we will only release your information to third parties for statistical purposes.
9.8 When and where do we use cookies?

Cookies may be collected by your internet browser whether you are connected or not connected to the internet. We will allocate cookies at various stages from the registration to the purchase process in order to provide you with the personalised services that you require.
9.9 How can you refuse or opt out of cookies?

You may opt of cookies by making use of the functionalities that are embedded on your internet browser.

10 Confidentiality

10.1 You shall notify the Service Provider should you discover any loss or unauthorised disclosure of the any private information about the Application users, the source code and our partners.
10.2 Any information or material sent to the Service Provider will be deemed not to be confidential, unless otherwise agreed in writing by the user and Service Provider.

11 Breach or cancellation by the service provider

11.1 TheService Provider is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Application and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Service Provider's right to claim damages, should any user:
11.1.1 breach any of these Terms;
11.1.2 in the sole discretion of the Service Provider, use the Application in an unauthorised manner; or
11.1.3 infringe any statute, regulation, ordinance or law.
11.2 Breach of these Terms entitles the Service Provider to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Service Provider on an attorney and own client scale.

12 Compliance with section 43(1) of ECT Act

In compliance with section 43(1) of the ECT Act, the following is noted:
12.1 Full name:
12.2 Registration number:
12.3 Physical address:
12.4 Fax number:
12.5 Telephone number:
12.6 Application address: www.
12.7 E-mail address:
12.8 Names of office bearers:
12.9 Registered at:

13 Compliance with laws

You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Application.

14 Notices

Except as explicitly stated otherwise, any notices shall be given by email to insert email (in the case of the Service Provider) or to the e-mail address you have provided to the Service Provider (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, the Service Provider may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to the Service Provider. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be "in writing". Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

15 General clauses

16.1 These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements to be performed within South Africa irrespective of which country the user resides or where the agreements are concluded.
15.2 This Application is controlled, operated and administered by the Service Provider from its offices within the Republic of South Africa. The Service Provider makes no representation that the content of the Application is appropriate or available for use outside of South Africa. Access to the Application from territories or countries where the content of the Application is illegal is prohibited. Users may not use this Application in violation of South African export laws and regulations. If the user accesses this Application from locations outside of South Africa, that user is responsible for compliance with all local laws.
15.3 The Service Provider does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Application may be interfered with as a result of a number of factors which are outside of our control.
15.4 If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
16.5 The Service Provider's failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
15.6 You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of the Service Provider.
15.7 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
16.8 The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
15.9 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
15.10 These Terms set forth the entire understanding and agreement between the Service Provider and you with respect to the subject matter hereof.